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DADT, is it over?

LOS ANGELES – A federal judge said she will issue an order to halt the military's "don't ask, don't tell" policy, after she declared the ban on openly gay service members unconstitutional.

U.S. District Judge Virginia Phillips ruled Thursday that the prohibition on openly gay military service members was unconstitutional because it violates the First and Fifth Amendment rights of gays and lesbians.

The policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services by hurting recruitment efforts during wartime and requiring the discharge of service members who have critical skills and training, she said.

How it can be unconstitutional to tell someone to keep their sex life to themselves at the workplace and to tell someone to keep their mouths shut about other peoples sex lives at work

The major problem is that usually others are the ones spreading rumors or outright tattling on the soldiers who are homosexuals. From there they are brought up on charges of homosexual activity regardless of the lack of proof and then are court martialed. If found guilty, which is usually the case, they are dishonorably discharged. So, it isn't about people running around talking about their homosexuality. These people have to hide who they are and face unfair consequences if their sexual orientation is leaked. It's sad, and it isn't right.

The Log Cabin Republicans sued the federal government in 2004 to stop the policy. Phillips will draft the injunction with input from the group within a week, and the federal government will have a week to respond.

Government lawyers said the judge lacked the authority to issue a nationwide injunction.

The U.S. Department of Justice can appeal the ruling but the government has not announced what it intends to do. After-hours e-mails and calls requesting comment from government attorney Paul G. Freeborne and from the Pentagon were not immediately returned Thursday evening.